l |
|
|
|
| |
|
The Malaysian Employer has been ordered to pay a total sum of Malaysian Ringgit 277,348.50 to the 49 members of IMA Bangladesh assisted by Tenaganita |
The matter concerns the plight of 49 construction workers from Bangladesh. The workers have sought the assistance of TENAGANITA after their salary was unpaid for almost 6 months.
The group of workers had paid a sum amounting to RM 12,000.00 each to their agent in Bangladesh and arrived in Malaysia in September 2007 on a calling visa with the promise of being provided with work at a construction site at a salary of RM 30.00 per day with accommodation to be provided by the Employer.
Nonetheless upon arrival, their passport were taken away from them and when the worker request for a photocopy of their passport, a deduction of RM50.00 for photocopy of passport will be made from their salary whether or not the photocopy of the passport was actually given. The Employer has also threatened to send those workers back to Bangladesh whenever the workers ask for their passport.
To make matters more difficult for the workers, various unexplained deductions were also made without the consent of the workers nor any explanation was offered by the Employer as the Employer does not even provide a proper salary slip for the purpose of payment of salary and/or for the purpose of showing any agreed/legitimate deductions.
Such deductions include a deduction of RM300 per month purported to be levy payment although the employment entered into between the Employer and the workers have fixed the deduction to be at RM100.00 per month for a period of 12 months( though First year Levy was paid by the workers before coming to Malaysia)
The accommodation provided by the Employer has no toilet, bathroom, neither water nor electricity supply was available. In addition, monthly deductions purported to be payment for rental for the accommodation was also made from the salary of the workers.
Due to the unreasonable and/or unexplained deductions made by the Employer, the workers were left with a nett salary of only RM100.00 – RM 200.00 per month. Some of the workers were also alleged to have been assaulted when they would query their Employer on issues pertaining to their salary.
There was no constant work and the workers are not paid if there is no work. Ironically, when there is work, the workers were forced to work even if they have produced proper medical certificates. The workers are also forced to work on Sundays and also public holidays and no overtime nor additional payments was made although the term of employment clear specifies that the Employer shall pay the workers 2 times the normal salary for working on a Sunday or 3 times the normal salary for working on a public holiday.
TENAGANITA assisted the workers to file their claim in the Selangor Labor Department on 29 th February 2008.Judgment was given in favour of the workers on 28 th July 2008 where the Employer has been ordered to pay the workers a total sum of RM 277,348.50 being the sum due and payable to the workers for the unfair deductions and non-payment of salaries. |
|
|
|
|
|
